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Station Superintendent & Anr. v. Surender Bholla, Civil Appeal No.7116/2017, Civil Appeal allowed on 15.06.2023 by Supreme Court

Decision:

The Division Bench of Hon'ble Mr. Justice Vikram Nath J & Hon'ble Mr. Justice Ahsanuddin Amanullah J while allowing the appeal of Railways observed that we fail to understand as to how the theft could be said to be in any way a deficiency in service by the Railways. If the passenger is not able to protect his own belongings, the Railways cannot be held responsible.

Fact:

Surender Bholla was travelling by train & was carrying Rs.1 Lakh in cash in a belt tied around his waist and the same was stolen. So he filed his claim before District Consumer Forum praying for direction to Railways to reimburse the loss. The Consumer Forum allowed the complaint and awarded Rs.1 lakh to be paid by the Railways. Railways filed appeal before the State Commission, it was dismissed. Against the order of State Commission, Railways filed Appeal before National Commission there also it was dismissed.

Aggrieved by the dismissal order Railways filed Civil Appeal before Supreme Court. Supreme Court allowed the Appeal of the Railways & set aside the order passed by National Consumer Disputes Redressal Commission, State Consumer Dispute Redressal Commission and the District Consumer Forum.